The terms “we,” “us” and “our” refer to SIM and any of our affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using the Site.
From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. SIM may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that SIM will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
Content on this Site that is provided by SIM or its licensors, including certain graphics, photographs, images, videos, screen shots, text, digitally downloadable files, studies, webinars, eBooks, presentations, trademarks, logos, product and program names, slogans, and compilations of the foregoing (“SIM Content”) is the property of SIM and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any SIM Content.
You agree not to download, display or use any SIM Content located on the Site for any commercial or non-commercial purpose, in connection with products or services that are not those of SIM, in any other manner that is likely to cause confusion among consumers, that disparages or discredits SIM and/or its licensors, that dilutes the strength of SIM’s or its licensor’s property, or that otherwise infringes SIM’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any SIM Content that appears on this Site.
Use of the Site and Posting Policy
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by SIM in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by SIM in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication via the Site; and (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the Site or any computer software or hardware or telecommunications equipment.
From time to time on certain areas of our Site you may be able to submit requests, questions, public posts/responses, and certain other materials (“User Content”). By using these features, you agree that you will not submit or post any User Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by SIM; that you will not submit or post any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or includes anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of SIM, or misrepresent an affiliation with another person or organization; and that you will not submit or post any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.
You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site, your User Content, or other features therein. SIM may cancel your account and delete all User Content associated with your account at any time, and without notice, if SIM deems that you have violated these Terms, the law, or for any other reason. SIM assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, SIM reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.
By displaying, publishing, submitting or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to SIM a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the Site in favor of SIM. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, software or other computer programs.
You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold SIM, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the above Posting Policy, or any violations thereof by your dependents or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to SIM or this Site.
Rules for Promotions
Representations and Limitations of Liability
To the extent permitted by applicable law, SIM makes no representations about the reliability of the features of this Site, the SIM Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. SIM makes no representations regarding the amount of time that any SIM Content or User Content will be preserved.
SIM does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by SIM without the prior review and written approval of SIM.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SIM (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL SIM BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SIM’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SIM OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Third Party Websites
The Site is controlled and operated by SIM from within the United States, and is not intended to subject SIM to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of the state of Illinois, USA without regard to conflicts of laws principles. By using this Site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms will be brought exclusively before, the federal, state, and local courts located in Cook County, Illinois.
Both you and SIM acknowledge and agree that no partnership is formed and neither of you nor SIM has the power or the authority to obligate or bind the other.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
The failure of SIM to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities or for any other reason beyond the reasonable control of SIM, shall not be deemed a breach of these Terms. If SIM fails to act with respect to your breach or anyone else’s breach on any occasion, SIM is not waiving its right to act with respect to future or similar breaches.
These Terms constitute a binding agreement between you and SIM, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and SIM regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.